David Dobrich and Naomi Dobrich - Page 13

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          For purposes of this subsection, any property received by the               
          taxpayer shall be treated as property which is not like-kind                
          property if--                                                               
              (A) such property is not identified as property to                      
               be received in the exchange on or before the day which                 
               is 45 days after the date on which the taxpayer                        
               transfers the property relinquished in the exchange, or                
              (B) such property is received after the earlier of--                    
          (i) the day which is 180 days after the date on                             
          which the taxpayer transfers the property relinquished                      
          in the exchange, or                                                         
               (ii) the due date (determined with regard to                           
          extension) for the transferor's return of the tax                           
          imposed by this chapter for the taxable year in which                       
          the transfer of the relinquished property occurs.                           
          The Secretary issued regulations under section 1031 after the               
          years in issue which require taxpayers to identify replacement              
          property in a written document signed by the taxpayer and sent to           
          either (1) the person obligated to transfer the replacement                 
          property or (2) any person involved in the exchange (e.g., a                
          party, an intermediary, or an escrow agent) other than the                  
          taxpayer or a disqualified person (the taxpayer's agent or a                
          related party).  Sec. 1.1031(k)-1(c)(2), Income Tax Regs.  The              
          regulations apply to transfers of property made on or after June            
          10, 1991, or in limited cases, transfers made on or after May 16,           
          1990.  Sec. 1.1031(k)-1(o), Income Tax Regs.                                
               As the regulations do not apply in this case, petitioners              
          contend that during the years in issue, the proper method of                
          identification was ambiguous.  They argue that section                      





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